Parasappa Sadashiv Kavatekar vs State Of Karnataka
2023 Latest Caselaw 2450 Kant

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                                                WP No. 103191 of 2023




                          IN THE HIGH COURT OF KARNATAKA,
                                  DHARWAD BENCH


                        DATED THIS THE 22ND DAY OF MAY, 2023


                                       BEFORE


                    THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR


                    WRIT PETITION NO. 103191 OF 2023 (GM-POLICE)


             BETWEEN:

             PARASAPPA SADASHIV KAVATEKAR
             S/O. SADASHIV KAVATEKAR
             AGED ABOUT 44 YEARS,
             OCC: PRISON, R/O. CTP NO. 3929,
             CENTRAL JAIL, HINDALAGA,
             BELAGAVI-591108.

                                                           ...PETITIONER

             (BY SHRI NAGANGOUDA R. KUPPELUR., ADVOCATE)

             AND:
ROHAN
HADIMANI
T            1.   STATE OF KARNATAKA
High Court
of                REPRESENTED BY ITS
Karnataka,
Dharwad           PRINCIPAL SECRETARY
                  DEPARTMENT OF LAW,
                  JUSTICE AND HUMAN RIGHTS
                  BANGALORE-560001.

             2.   STATE OF KARNATAKA
                  R/BY ITS UNDER SECRETARY
                  DEPARTMENT OF HOME,
                  PRISON AND CINEMA,
                  BANGALORE-560001.

             3.   THE DIRECTOR GENERAL POLICE
                  AND INSPECTOR GENERAL OF PRISONS
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                                     WP No. 103191 of 2023




     SHESHADRI ROAD
     BANGALORE-560001.

4.   THE SUPERINTENDENT POLICE
     BAGALKOT-587101.

5.   THE CHIEF SUPERINTENDENT
     OF CENTRAL PRISONS,
     CENTRAL JAIL, HINDALAGA,
     BELAGAVI DISTRICT-591108.

6.   THE LIFE CONVICTS RELEASE COMMITTEE
     PRINCIPAL SECRETARY
     DEPARTMENT OF HOME
     BENGALORE BY ITS CHAIRMAN-560001.


                                               ...RESPONDENTS

(BY SHRI PRASHANT V. MOGALI, HCGP FOR R1-R6)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER AS
DIRECTING THE 4TH AND 5TH RESPONDENTS EXTEND THE PAROLE
PERIOD OF PETITIONER FOR FURTHER PERIOD OF 30 DAYS FROM
22.05.2023 IN THE INTEREST OF JUSTICE AND EQUITY.


      THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:


                           ORDER

Heard learned counsel Shri Nagangouda R. Kuppelur, for

petitioner and learned High Court Government Pleader for

respondent Nos.1 to 6.

WP No. 103191 of 2023

2. Petitioner is convicted for the offences punishable

under Sections 302, 324 and 504 read with Section 34 of

Indian Penal Code in S.C.No.82/2006 and he has been

undergoing sentence of imprisonment by virtue of the

judgment of conviction in the aforesaid case. It is the case of

petitioner that he is in custody for more than 14 years from

15.08.2006 . He had given representation to the 5th respondent

for his release on parole on the ground that his mother who is

aged 78 years is unwell and that she requires his care and

attention and for several other reasons. Petitioner had

approached this Court in W.P.No.100884/2023 to release him

on parole for the reasons stated therein. Considering the

submissions of learned counsel representing the petitioner and

the learned HCGP representing the State, petitioner was

ordered to be released on parole for a period of 60 days from

the date of receipt of copy of said order. Accordingly, the

petitioner was released on parole and spent good amount of

time with his ailing mother. During this period, the petitioner

has filed present petition seeking to extend the period of parole

of the petitioner for another period of 30 days from

22.05.2023. The present petition came to be moved before the

WP No. 103191 of 2023

vacation Court on 15.05.2023 and it came to be listed before

the Court on 16.05.2023 and 18.05.2023. The matter came to

be adjourned on both these dates to facilitate learned HCGP to

take necessary instructions and make his submissions.

3. By a considered detailed order, this Court allowed

the writ petition of petitioner earlier filed and granted parole for

a period of 60 days. In the meanwhile, petitioner has presented

this writ petition seeking extension by another period of 30

days. As on today, the petitioner has completed his parole of

60 days and he used to report back to respondent No.5, the

Chief Superintendent of Central Prisons Central Jail, Hindalaga,

Belagavi District. It is the contention of learned counsel for the

petitioner that though the petitioner convicted for the

aforestated offences and undergoing punishment for a period of

14 years, he has been released on parole on 23 occasions. He

contends that he has not violated any of the conditions imposed

by the Jail Authorities on any one of these occasions. He also

contends that the conduct of petitioner has been satisfactory.

Accordingly, he seeks further extension period of parole for 60

days from today i.e., 22.05.2023 on the ground that the health

condition of his mother is not improved as she is suffering from

WP No. 103191 of 2023

uncontrolled hypertension, diabetes which may result in brain

hemorrhage and also for the reasons that doctor has advised

immediate treatment for his mother for a further period of 60

days. Under this guise, petitioner is seeking for further

extension of parole for a period of 30 days from today.

4. Per contra, learned HCGP appearing on behalf of

State vehemently objects to the prayers sought for by the

petitioner on the ground that such a prayer cannot be made

before this Court as the period of parole granted earlier by this

Court in W.P.No.100884/2023 has expired and the petitioner is

to report back to respondent No.5-Jail authority. Learned HCGP

further contends that the averments made and the grounds

sought for extension of further period of 30 days assigning the

reasons of ill-health of the mother has not been substantiated

by production of any material documents. Learned HCGP

further contends that even otherwise if the petitioner wants to

seek for further extension of period of parole, he cannot knock

the doors of this Court as the procedure laid down is to

approach the Superintendent of Central Prison/Jail Authorities

where the petitioner is lodged, by making an application to the

Jail Authorities assigning the reasons for extension/grant of

WP No. 103191 of 2023

parole period which will have to be considered by the Jail

Authorities.

5. Learned HCGP relies on the amendment of Rule 191

of Karnataka Prison Rules vide amendment Rules 2021 which is

called as Karnataka Prison (Amendment) Rules, 2021. There

are two categories of parole vide this, one is general parole

another one is emergency parole. The amendment made to this

Rule 191 vide 2021 Rules reads as under :

"For General Parole :-

2. Amendment of rule 191-In rule 191 of the Karnataka Prison Rules, 1974- (i) "in sub rule (2), in clause (d) for the words "If no adverse report is received within such period, it shall be presumed that concerned Police or the Taluk Executive Magistrate have nothing adverse report against the prisoners regarding the "request made by the prisoner" the words "The concerned Station House Officer and the Taluk Executive Magistrate shall deal such reference on priority and shall send report within stipulated time" shall be substituted.

For Emergency Parole:-

(ii) in sub-rule (3),-

WP No. 103191 of 2023

a) for clause (d) the following shall be substituted namely,-"Every such application shall be accompanied by a certificate issued by the Station House Officer of the concerned jurisdictional police station concerned confirming the death or terminal illness or marriage and the type of relationship of the deceased with the prisoner".

b) For clause (f) the following shall be substituted namely,-

"The Superintendent of Prison shall invariably verify the genuineness of the certificate produced by the prisoner by contacting the Station House Officer of the concerned Police Station in order to satisfy himself regarding the truth of otherwise of the grounds made out by a prisoner for his release on emergency parole."

6. Hence, in Rule 191 of Karnataka Prison Rules, there

is a procedure made out to treat and consider the application

made for release of a prisoner on parole by following certain

guidelines, a mechanism has been put in place to deal with

situations arising for release of prisoner by way of general

parole or emergency parole. Having considered the Rule 191 of

the Karnataka Prison Rules, 1974, the petitioner would have to

invariably make a fresh application to the prison authorities and

WP No. 103191 of 2023

after securing police report from the concerned Superintendent

of Prison of the respective district a decision will be taken for

release of prisoner in accordance to law.

7. In the present case, the petitioner has approached

this Court during the parole period having been granted in

earlier Writ Petition No.100884/2023, wherein the petitioner

was granted parole for a period of 60 days which is come to an

end today i.e., on 22.05.2023. It is not for this Court to

consider the grant of parole as Rule 191 of Karnataka Prison

Rules prescribes mechanism for disposing of applications of

such prisoners seeking grant of parole on various grounds that

would be urged therein.

8. The contention of learned HCGP has substantial

force and requires to be appreciated more so when specific

mechanism and procedure has been laid down by virtue of Rule

191 of Karnataka Prison (Amendment) Rules, 2021.

9. In view of above discussions, I am of the opinion

that the present writ petition would not survive for

consideration as the petitioner would have to make an

application to the concerned Jail/Prison Authorities, if at all he

WP No. 103191 of 2023

wants further parole on the ground that he has urged in the

present writ petition. It is for the concerned Jail/Prison

Authorities to consider the application, if any made by the

petitioner and dealing with the same in accordance to Rule 191

of the Karnataka Prison (Amendment) Rules, 2021 and any

other Rules or amendments, if any.

10. It is for the Jail/Prison Authorities to consider the

application, if any, made by the petitioner and considering the

previous conduct and the number of parole already granted the

Jail/Prison Authorities shall keep in mind the conduct of the

petitioner while considering the application, if any made by the

petitioner.

11. In view of the above, I do not find any good ground

made out by the petitioner to exercise jurisdiction under

Articles 226 and 227 of the Constitution of India in granting

extension of relief of parole to the petitioner as other

mechanism as stated above are already provided for the

petitioner for redressal of his grievance. Hence, this petition

would not merit consideration, accordingly it is disposed off

reserving liberty to the petitioner to make any such application

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WP No. 103191 of 2023

for parole on the reasons and grounds he wishes to do so

before the concerned Jail authorities.

SD/-

JUDGE

AM/CKK